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Wills, LPAs & Probate

Wills

Wills are very important documents which detail how you would like your property and possessions to be distributed after you die.

We have extensive experience in drafting all types of wills, ranging from simple husband and wife/cohabitee wills, mirror wills to more complex inheritance tax saving and estate planning wills.

We can advise you on the effective use of available Inheritance Tax allowances and the creation of trusts within wills to protect your assets for the future. We also have specialist knowledge in the ongoing administration of Will Trusts.

Hill and Company Solicitors are sympathetic, informed legal experts and we provide a highly competent and tailored service to every client.

If you would like to know more about a will please contact us to discuss this further.

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Lasting Powers of Attorney

With people living longer, LPAs have become very important. Sadly, people may lose the capacity to run their financial affairs. Therefore, appointing an attorney when you have full capacity to make this decision is critical.

There are also Health and Welfare LPAs under which you can nominate someone as your attorney to make medical decisions in the event you are unable to do so, or to arrange a move from your home into a residential home.

We are experts at carrying out the drafting of LPAs and advising in respect of them. We are also happy to be nominated as attorneys and are attorneys for many clients. We have immense knowledge in this area of law and our expert solicitors always act with the upmost compassion and empathy. If you would like to know more about Lasting Powers of Attorney, please contact us to discuss this further.

If you would like to know more about Lasting Power of Attorney please contact us to discuss this further.

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Probate

Probate is the process of dealing with someone’s estate after their death. The Personal Representatives have the responsibility of ensuring that everything is done correctly; from valuing the estate and preparing the inheritance, income, and capital gains tax returns, to collecting in all of the assets, settling all the debts, and distributing the estate in accordance with the Will or the Intestacy Rules. We recognise that undertaking this complicated and time-consuming task can be incredibly daunting if you are not aware of all the technical processes and pit-falls.

Our team of specialists are skilled in the administration of estates and are ready to help you bear this burden at what we know is an emotionally difficult time.

We frequently deal with a wide variety of estates; from complex, high net-worth estates, to relatively small estates. No matter what situation you find yourself in, we have the technical expertise to help you.

Our Probate department consists of Matthew Vernon, Laurence Murphy, Cass Edoo, Ben Roberts, Amber Roberts, and Kacy Porter. They possess a wealth of experience and expertise in dealing with estates of all manner of sizes and complexity. Their years of experience in Probate and Estate administration range from Laurence Murphy’s nearly 50 years post-qualification experience, to Kacy Porter, who has worked in our Probate and Private Client department for just over two years. Their contact details can be found in the About Us section of this website.

Contact us today to find out how we can help alleviate the stress of your appointment as a Personal Representative. We are here to guide you through the probate process and are happy to use our expertise to do as much or as little as you want us to do.

Probate Costs:

Due to the fact that the complexity of every estate is different, costings have to be tailored to each individual matter. Different fee options are available depending on the size of the estate and the amount of work that you want us to carry out.

Like most other solicitors, there are usually three elements to our costings when we are appointed to carry out the full administration of an estate.

The first is a cost based on the amount of time that our specialists are actually engaged in progressing the administration. This is charged at an hourly rate of £300 per hour plus VAT*. This covers our overheads, expenses and running costs.

The second element is based on a percentage of the value of the estate. This is usually calculated at 1% + VAT* of the value of the gross estate. This element is a reflection of the importance of the matter and consequently, the grave responsibility that we take on.

The third element is the disbursements, (third-party fees) which will be incurred throughout the administration. This may include:

  • £273 Court fee for the probate application;
  • £1.50 for each additional copies of the Grant of Probate;
  • £200 approximately for Section 27 Trustee Act notices;
  • £2 per beneficiary for bankruptcy searches;
  • £30 for Telegraphic Transfers.

(VAT* has been included in these prices where applicable)

No two estates are the same and so the amount of work involved in administering each estate is different. There are a multitude of factors that vary the amount of work involved in each estate administration. The complexity of the estate and nature of the assets; the number of bank accounts, investments and other assets and liabilities; whether or not there is a property to sell, assent, or transfer; whether or not a Grant of Probate is required; whether or not the Will sets up trusts; estrangements and disagreements between the family and beneficiaries; the amount and frequency of communication required by the beneficiaries; and the number of beneficiaries will all have an impact on the amount of time that needs to be expended in administering the affairs of the person who has died. It is therefore impossible to state exactly how much our hourly rate charge will come to at the outset of an administration. However, once we have reviewed the estate's papers and have sopken with the executors, we will be able to estimate the amount of work that is likely to be involved.

Our hourly rate fees for the majority of the estates we administer fall between £5,000 + VAT* for a very simple estate with no house, one or two bank accounts, no Inheritance Tax Liability, and a small number of beneficiaries, to £25,000 + VAT* for a large and relatively complex estate with an Inheritance Tax Liability and where we are also called upon to arrange the funeral. It is of course possible that very simple estates will be charged less that £5,000+VAT* and complex estates, or estates in which there are complicating factors, such as family disagreements or a lot of communication required will incur charges in excess of £25,000+VAT*.

Whilst the size of an estate can be an indicator of its complexity, we frequently come across relatively small estates which are relatively complex to administer, or large estates which are relatively simple to administer. However, as we charge at at hourly rate, the estate is only charged for the amount of time that we are actively engaged in administering it, and so our charges remain fair and proportionate to the amount of work involved.

We understand that our clients have worked hard all their lives and want to pass as much as possible to their beneficiaries. We are therefore always mindful of the charges that are accumulating and will endeavour to keep these to a minimum. We will be happy to talk with you to discuss the various way that we can work together to keep costs down.

Some of the work involved in administering an estate includes:

  • The initial meeting where we will provide you with tailored advice on the administration and take any details of the assets and liabilities that you have;
  • General updates and advice throughout the probate process;
  • Writing out to all of the organisations with whom the deceased had a relationship;
  • Obtaining probate valuations of all assets and liabilities;
  • Preparing a schedule of all assets and liabilities for inheritance tax purposes;
  • Preparing the Inheritance Tax return IHT205;
  • Preparing the Legal Statement that forms the basis of the probate application;
  • Applying for the Grant of Probate (we are signed up to use the HMCTS online portal for probate applications);
  • Receive the Grant and use it to encash all of the Estate’s assets and close down all of their accounts;
  • Repay all of the Estate debts;
  • Prepare a set of final Estate Accounts for your approval;
  • Distribute the Estate in accordance with the terms of the Will.

Contact us to discuss your requirements and receive an estimate tailored to your specific circumstances.

For very small estates or for matters where you only require our help in obtaining the Grant of Probate, we may be able to undertake the necessary work for a fixed-fee. Why not contact us today to see if this option is suitable for you.

As we are a well-established and respected local firm of High Street solicitors, we have excellent relationships with local funeral directors and estate agents, Therefore, we can also offer you assistance with arranging the funeral and the marketing of the deceased’s property.

*VAT is currently set at 20%

If you would like help registering the death or arranging the funeral our Specialist Client Liaison Solicitor would be honoured to assist you.

We know that this can be an incredibly difficult time and that your emotional pain can be compounded by money worries and the stresses of having to find your way through the complex and difficult task of administering an estate. Know that you are not alone. We are here to help you.

If you would like to know more about Probate please contact us to discuss this further.

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Hill and Company Solicitors

4-8 Market Street, Altrincham

Cheshire WA14 1QD


Telephone

0161 928 3201*


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Hill and Company Solicitors in Altrincham Cheshire, offer a wide range of legal services. Our departments are headed by experienced senior solicitors who are specialists in their areas of Law.
Don’t hesitate to contact us for further details of our services or if you have a legal matter we can help you with.
We have a limited number of appointments each week, so please get in touch to arrange an appointment.